KG Bominflot Bunkergesellschaft fur Mineraloele mbH & Co v Petroplus Marketing AG (The Mercini Lady)

KG Bominflot Bunkergesellschaft fur Mineraloele mbH & Co v Petroplus Marketing AG (The Mercini Lady)

No special or additional common law implied term requiring goods to remain within specification after delivery can be implied; the statutory implied condition of satisfactory quality applies at delivery and is not excluded by clause 18, as clause 18 does not expressly exclude 'conditions'.

Parties
Respondent/claimant: KG Bominflot Bunkergesellschaft für Mineraloele mbH & Co; Appellant/defendant: Petroplus Marketing AG
Jurisdiction
England and Wales
Judgment Date
19 October 2010
Procedural Posture
Civil Appeal / Judgment on Preliminary Issues
Outcome
Appeal allowed in part; special common law implied term not implied; statutory implied condition applies and is not excluded.
Legal Topics
Implied Terms, Exclusion Clauses, Statutory Conditions, Merchantable Quality, Fitness for Purpose
Commercial Law Sale of Goods Implied Terms Exclusion Clauses Statutory Conditions Merchantable Quality Fitness for Purpose

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Parties

KG Bominflot Bunkergesellschaft für Mineraloele mbH & Co

Respondent/claimant

Petroplus Marketing AG

Appellant/defendant

Procedural Posture

Civil Appeal / Judgment on Preliminary Issues

Legal Issues

  1. 1 Whether a special or additional common law implied term exists requiring goods to remain within specification after delivery
  2. 2 Whether the statutory implied condition of satisfactory quality under section 14(2) Sale of Goods Act 1979 applies
  3. 3 Whether clause 18 of the contract excludes statutory implied conditions

Ratio Decidendi

No special or additional common law implied term requiring goods to remain within specification after delivery can be implied; the statutory implied condition of satisfactory quality applies at delivery and is not excluded by clause 18, as clause 18 does not expressly exclude 'conditions'.

Court Disposition

Appeal allowed in part; special common law implied term not implied; statutory implied condition applies and is not excluded.

Orders

  • Preliminary issue 1: special common law implied term not implied; statutory implied condition applies
  • Preliminary issue 2: does not arise